Extracts of the petition of John Nettervill

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Extracts of Sir John Netteruills Petition
<1: Henry Smithe, Patrick Clinton, Arthure Volgar> <m> That the Rebells came suddenly to the siege of Drogheda and in such numbers as he could make noe waye from his howse to the towne, beeinge feaue miles from the Towne
<n> To the first I saye that the McMahowns and others of the Irish came came to the number of fowr or fiue thowsande between my howse and Drogheda and that I sent Christopher Dongan to trye if the waye was then passable on that side of the Riuer, and that I sente him seuerall other tymes to trye the other side of the Riuer, who retourned vnto me assuringe me there was noe passage on either side, and he was taken prisoner and parte of his apparell taken from him.
<2 Henry Smithe, Patricke Clinton, Arthure Volgar> <o> That he maintained his howse within a mile of the Enemye and that their numbers soe increased as he was not able to resiste them:
To the seconde I saye that the Irish did lodge at Stalinge, Sheephouse and the villages within a Mile to my dwellinge, and if yow beleeue Deane Barnetts boocke, their number in all encreased to eight thowsande.
<3 Henry Smithe, Patricke Clinton, Athure Volgar> <p> That they broake and forced into his howse in greate parties once or twice, and resided theare against his will.
To the thirde I saye that Henry Smithe, Christopher Dongan, & others can depose that the number of threescore, or fowrscore forced in at the Gates, some with their swords drawn, and that I had not aboue fiue or six men in my howse, and soe, impossible for me to reiste them.
<4 Henry Smithe, Patrick Clinton, Arthur Volgar, Cornelius Moran> <q> That he determined to leaue his howse and come to his Maiesties forces with the first oportunitye, which was when the Earle of Ormonde came to Garistowne.
To the fowrthe I saye that euerye mans intention is best proued by his Action, and that I did come to my lorde Marquess and mett him in his waye between Drogheda and Garistowne he himselfe will affirme, beeinge ten miles from my howse, and that the Irish posessed all them partes before My lorde Marquess his cominge to Garistowne is generally knowen, my wife and family and Cornelius Moran who came alonge with me can depose that I declared vnto them before my cominge away, that my Jorneye from home was to meete my Lorde Marquess
<5th Lorde of Roscommon, Cornett McGrathe And I humbly appeall to my Lorde Marquess and it is in the knowledge of moste of the armye> <r> That then of his own accorde he submitted, and presented himself to his Maiesties obedience, and seruice and soe came to Dublin to the seruice and protection of his Maiestie
<s> To the fifte I saye that there was noe force or necessitye to moue me to come but my own will and desire to be in his Maiesties protection & seruice and hearinge a rumor of his Maiesties Proclamation, did firste come to my lorde Marquess and from him to this Cittye, prooued by Cornelius Moran and seuerall of the Armie that did see me come to my Lorde Marquess and submitt:
<6th prooued by the Indictment. and the later parte, by Henry Smithe and Patricke Clinton> <t> That his beeinge Indicted was cheefely for receauinge Rebells into his howse, and that he was not able to resiste them.
To the sixte I saye that the tyme I preferred my peticion I coulde haue noe Coppie of the Indictmente and did not knowe { } neither {was} I able { }

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<7th prooued by the Constables boocke which if your lordshipps please maye be caled for> <v> That he is the fowrth or fifth that presented themselues after the proclation of the firste of Januarie
<w> To the 7th I saye that on my committall to the Castle of Dublin the th e persons who haue subscribed the peticion 12th of March 1641, I fownde but three that came before me of their own accorde as will appeare by the Constables boocke.
<8th I humbly appeale to my lorde Marquess, and desire the testimonyes of the seuerall persons now in prison that came of their own accords> <x> That the submittors exceeded not fowrteen or fifteene persons:
<y> To the 8th I saye that the persons who haue subscribed the peticion to his Maiestie exceeded not fowrteen or fifteen who were all that could be then accounted to come vnto my lorde Marquess of their owne accorde, and desire the benefitt of his Maiesties Proclamation the firste of Januarie
<z> That all were Indicted and committed, some put to the Racke and otherwise afflicted.
<9th the answeare proues it, and if your Lordships please the parties all now in prison maye be caled: the Rack prooued by Mr Patrick Barnewall and Liuetenant Colonell Reade> <a> To the Ningth I saie that for the Committment and Indictment of thos persons I referr my self to their seuerall indictments, and that yet remaine in prison, the seuerall Jailors where they now are can testifie, besids the generall knowledge of this whole Cittie that Mr Patricke Barnewall, and Liuetenant Colonell Reade cominge of their own accorde to my Lorde Marquess were put to the Racke and that all were close prisoners, excepte the Lorde of Dunsanie, some a Monthe, others more or less, as is to be prooued by the seuerall persons yet in restrainte:
<10th proued by Patrick Barnewall John Linch accordinge the annexed schedule> <b> That the Indictmente was fownde by men against whom he had legall exceptions
<c> To the tenth I saye that ten of the grande Jurie were not in the Grand Pannell within my remembrance, and neuer accostomed to serue in like case, that fowr or fiue of them had neither residence nor Freehould within the County, some had Freehould and noe residence others had residence and noe freehould, some souldiers, some Clarkes accordinge this annexed scroule.
<11th Cornelius Moran, Richard Streete his letter> <d> That some of the Examinations taken against him were extorted by menace and threateninge with the Rack and such like punishments.
<e> To the eleauenth I saye that [ ] Cornelius Moran and Richard Streete were threatned by Sir Roberte Meredith with the Racke and other menaces vpon their seuerall examinations against me.
<12 for this only my own oath, it beeinge a priuat action> That his own examination was much enforced by leauinge out all that might lawfully mitigate or excuse his offence.
< [ ] perogative [ ] > <f> To the twelth I saye that I confess to haue spoken to my father which was entered by Sir Roberte Meredithe, I alsoe said that the occasion and effecte of my speeche was, that he should come and submitt vnto his Maiesties Mercie as the best and safeste waye but that, he refused to enter. I confess I wente to the lorde of Slane, which was entered, I alsoe tould the occasion, that it was to bringe backe some men of myne that { }
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<prooued to be his vsuall practise by John Talbott Gerrald ffitz Gerrald, Nicholas Douedall and seuerall others> <g> the commande of the lorde of Slane, which I did accordingely, and that he did refuse to enter, and that this was the vsuall practise with him moste of the prisoners of the Castle can depose in their own perticulars:
Jo: Nett Jo: Nettervill

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Rec of Sir Jo: Netervill 23 May 1643 at the Board